Sec. 1054.006. REPRESENTATION OF WARD OR PROPOSED WARD BY ATTORNEY. (a) The following persons may at any time retain an attorney who holds a certificate required by Subchapter E to represent the person's interests in a guardianship proceeding instead of having those interests represented by an attorney ad litem appointed under Section 1054.001 or another provision of this title:
(1) a ward who retains the power to enter into a contract under the terms of the guardianship, subject to Section 1202.103; and
(2) a proposed ward for purposes of a proceeding for the appointment of a guardian as long as the proposed ward has capacity to contract.
(b) If the court finds that the ward or the proposed ward has capacity to contract, the court may remove an attorney ad litem appointed under Section 1054.001 or any other provision of this title that requires the court to appoint an attorney ad litem to represent the interests of a ward or proposed ward and appoint a ward or a proposed ward's retained counsel.
Added by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.030, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle C - Procedural Matters
Chapter 1054 - Court Officers, Court-Appointed Persons, and Attorneys
Subchapter A. Attorneys Ad Litem and Interpreters
Section 1054.001. Appointment of Attorney Ad Litem in Proceeding for Appointment of Guardian
Section 1054.002. Term of Appointment
Section 1054.003. Access to Records
Section 1054.005. Appointment of Interpreter
Section 1054.006. Representation of Ward or Proposed Ward by Attorney